Trustworthy Lawyers for Violations of Residents’ Bill of Rights
Residents of skilled nursing, residential care for the elderly and assisted living facilities are typically guaranteed certain rights and protections under state and federal laws. Most facilities are required to provide each resident with a comprehensive list of all rights at such time they are admitted into the facility. If you were injured or a loved one was injured or died as a result of neglect or abuse while living in a nursing home, and you suspect there was a violation of their rights, you should call the experienced nursing home neglect lawyers of Walton Law. We have years of experience pursuing damages on behalf of nursing home residents and their loved ones against unscrupulous nursing homes or staff members.
Lawyers to Hold Nursing Homes or Skilled Nursing Facilities Accountable
Nursing home residents possess rights even upon their admission into a nursing home. Among your rights as a nursing home resident or prospective resident, is a requirement that the nursing home make every reasonable effort to make sure you understand the contract with the nursing home prior to admission.
The contract for admission must contain any waivers of liability for the health, safety, or loss or damage to your personal property. Additionally, upon admission, you should be informed in writing of all of their rights as a resident of the nursing home. In some cases, when there has been a violation of the resident’s bill of rights, our attorneys may be able to pursue a breach of contract claim.
You also have rights upon transfer from one nursing home to another and upon discharge from the facility. These include the right not to be evicted in retaliation because you filed a complaint. You also have the right not to be transferred or discharged from the nursing home unless it is necessary; reasons it could be necessary include, your welfare, improvement of your health, threats to your safety, or your failure to meet financial obligations.
In addition to the foregoing rights, you also have many rights while living within a nursing home. Some of these include the right to receive medical care, including the care necessary to prevent bedsores; the right to be treated with dignity; the right of autonomy; the right to be free from physical, mental, and sexual abuse; and the right to receive personal accommodations to meet your individualized needs.
You also have the right to make your own health care decisions if you are able even if you live in a nursing home. If you are not able, you are entitled to have your designated power of attorney, rather than staff members, make those decisions. If your rights are violated, you may have a legal avenue to seek remedies, that in some cases, are calculated per incident, and include attorneys’ fees and costs.
Residential Care Facilities for the Elderly or Assisted Living
Elders who are residents of a residential care facility for the elderly have similar rights, though there are some differences. There are also rights upon admission into the residential health care facility, including the right to a written visitation policy. Residents also have the right to have necessary payment provisions clearly spelled out in the admissions agreement.
You have the right not to be evicted from a nursing home unless certain conditions, specified under the law or in your contract, are met.
Consult a Seasoned Nursing Home Neglect Lawyer
For a free and confidential consultation with an experienced elder abuse attorney, please call us directly at (866) 338-7079, or complete our online form.